Delaware Code

11 Del. C. § 2109 (2026)

Failure to provide a conditions of release bond, whether guaranteed by financial terms or not, or consent to conditions; contact with victim or victim’s family [Effective Feb. 1, 2027]

✓ current as of May 2026
Find cases: SyfertCases citing this section DE-DELCdelcode.delaware.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(a) If the defendant does not provide the form of conditions of release bond required by the court, or if the defendant does not agree to meet the conditions for release, the defendant shall be held in the custody of the Department of Correction until the defendant cures such failure or until the court otherwise orders.

(b) If the defendant is committed in lieu of bail, the court may require such defendant, while in custody, to have no contact with the victim or the victim’s family.

(c) If the defendant is committed in lieu of bail, and knowingly breaches any conditions imposed in connection with that bail, each breach is a separate crime and, on conviction for the breach, is punished as follows:

(1) If the defendant was held in connection with 1 or more charges of a felony before trial, or while awaiting sentence or pending appeal or certiorari after conviction of 1 or more felonies or misdemeanors, the defendant is guilty of a class E felony.

(2) If the defendant was held in connection with 1 or more charges of misdemeanor before trial, the defendant is guilty of a class A misdemeanor.

11 Del. C. 1953, §  2109;  56 Del. Laws, c. 231, §  166 Del. Laws, c. 300, §  770 Del. Laws, c. 186, §  177 Del. Laws, c. 14380 Del. Laws, c. 51, §  181 Del. Laws, c. 200, § 184 Del. Laws, c. 473, § 885 Del. Laws, c. 61, § 185 Del. Laws, c. 62, § 106;  , § 49; 
Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 2017–2025 · leading case: State v. Nastatos (Del. Super. Ct. 2019).
State v. Nastatos (Del. Super. Ct. 2019). · cites it 2× “311 Del. C. § 2109. 411 Del. C.§ 2113(c). 5 DI.”
State v. Rowan (Del. Super. Ct. 2017). “§ 770; and fifty-six counts of Breach of Conditions, 11 Del. C. § 2109. He Was State v. Rowan ID No.”
State v. Nastatos (Del. Super. Ct. 2019). “311Del.C.§ 2109. 411Del.c.§ 2113(¢). 5 D.I.”
Jones v. State (Del. 2020). “27 Jones contends the evidence was insufficient to support his convictions for Breach of Conditions of Bond During Commitment because the State never actually introduced evidence before the jury at the trial to 27 11 Del. C. § 2109(c)(1). 10 explain that at the time of the…”
State v. Jones (Del. Super. Ct. 2022). “); see generally 11 Del. C. § 2109(c), (c)(1) (2018) (Non-Comp Bond).”
Nastatos v. May (D. Del. 2023). “Code § 2113(c); 11 Del. Code § 2109(c). Here, it was undisputed that there was a no-contact order in place while Petitioner was confined in default of bail on a felony charge of stalking.”
State v. McCray (Del. Super. Ct. 2024). “§ 607), and Breach of Bond Conditions during Commitment (11 Del. C. § 2109).! 2 On the same day, Defendant was sentenced to twenty five (25) years at Level V, suspended after twelve (12) years, six (6) months for two (2) years supervision Level IV suspended after six (6) months…”
Garcia-Vincente v. State (Del. 2025). “As previously discussed, these claims 9 11 Del. C. § 2109(c). 9 are without merit.”
— 11 Del. C. § 2109(c) — 3 cases
State v. Jones (Del. Super. Ct. 2022). “); see generally 11 Del. C. § 2109(c), (c)(1) (2018) (Non-Comp Bond).”
Nastatos v. May (D. Del. 2023). “Code § 2113(c); 11 Del. Code § 2109(c). Here, it was undisputed that there was a no-contact order in place while Petitioner was confined in default of bail on a felony charge of stalking.”
Garcia-Vincente v. State (Del. 2025). “As previously discussed, these claims 9 11 Del. C. § 2109(c). 9 are without merit.”
— 11 Del. C. § 2109(c)(1) — 2 cases
State v. Nastatos (Del. Super. Ct. 2019). “311 Del. C. § 2109. 411 Del. C.§ 2113(c). 5 DI.”
Jones v. State (Del. 2020). “27 Jones contends the evidence was insufficient to support his convictions for Breach of Conditions of Bond During Commitment because the State never actually introduced evidence before the jury at the trial to 27 11 Del. C. § 2109(c)(1). 10 explain that at the time of the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.